First, sorry it has been so long since my last post! It was a blast seeing a lot of you during the FAPIA conference in Duck Key. The fishing, comradery, and education were all amazing. (Unless you were in my fishing boat…and if you were I apologize). During the FAPIA conference I was honored to … Continue Reading
States differ regarding the time frame required for a first-party property insurance carrier to pay undisputed amounts on a claim. In Florida, for a residential first-party property insurance claim, the carrier is required to pay undisputed amounts within 90 days after receipt of notice of the claim, if these three things have occurred:1 The insurer … Continue Reading
I want to thank everyone who helped us achieve a hard fought victory in my August 30th primary for the Florida House of Representatives. My law firm colleagues have been with me every step of this journey. They never wavered in their support and were there to offer whatever assistance I needed on my cases. … Continue Reading
Last Tuesday night, I held my head in my hands almost crying after Sean Shaw confirmed he won election to Florida’s House of Representatives by a little more than a hundred votes. I could see the relief in Sean’s eyes as well. Waiting for a jury verdict and results from an election have certain similar … Continue Reading
The State of Florida is in the process of replacing the current Insurance Commissioner Kevin McCarty. As this blog has outlined in prior posts, McCarty has been a fair and effective commissioner under very difficult circumstances. His departure will be a loss for Florida’s insurance consumers.… Continue Reading
I made a big announcement yesterday. If you are readers of this blog, I am sure it did not come as a surprise. I am throwing my hat into the ring for the Florida House of Representatives! Although we came up a bit short in 2014, I am confident that we will come out on … Continue Reading
Florida Insurance Commissioner Kevin McCarty obtained a well-deserved Lifetime Achievement Award from the Florida Association For Insurance Reform. His acceptance speech was brilliant, engaging, emotional, and funny. Floridians are lucky to have him working for us in the Department of Insurance now known as the Office of Insurance Regulation since the early 1990s.… Continue Reading
Bad weather is hitting Florida this weekend and possibly hurricane force winds from Erika. It is very important to be both prepared before you suffer damage and to be aware of your resources and obligations if your home or business suffers damage.… Continue Reading
Governor Scott has just declared a state of emergency for the entire State of Florida and every county within the State. Let’s face it, as of this morning the forecast track and strength of Tropical Storm Erika has changed repeatedly with each hurricane center update. But as of the time that I am writing this … Continue Reading
If you work in or around property insurance in Florida, you have undoubtedly been exposed to the recent debate regarding Assignment of Benefits (“AOB”). An AOB is a legal form that allows an insurance provider to bill your insurance carrier directly. AOBs allow home-repair contractors to bill insurance carriers requiring nothing out-of-pocket from the homeowners … Continue Reading
What do the Florida’s leaders have to say about our high property insurance premiums? I told to the Palm Beach Post that we should see a decline in premiums, and it looks like some of those in Tallahassee agree.… Continue Reading
Recently, as outlined in Nicole Vinson’s blog post, Will Kevin McCarty Remain Florida’s Insurance Commissioner?, it has become apparent that the Florida Insurance Commissioner is on the hot seat. Unfortunately, there is no good reason for him to be in such a position. I was quoted on this topic by the Miami Herald and stated: Kevin … Continue Reading
If you have ever had an insurance claim or negotiated a loss on behalf of a property owner, you would probably agree that one of the most frustrating aspects of the claims investigation process is the virtually endless set of documents requested from the insurance company. Finding and sending all the documents can take days, … Continue Reading
If you’re an insured with a commercial residential policy issued by Citizens Property Insurance, or if you’re assisting an insured with a claim under one of these policies, it is important to know the answer to the question above. Why? It will make a big difference in terms of which insurance carrier a loss should … Continue Reading
Recently Florida’s Fifth District Court of Appeal (“5th DCA”) issued a ruling related to whether a policyholder had waived the right to participate in the appraisal process.1 The right to participate in appraisal under the policy can be waived if actions are taken that are inconsistent with that right.… Continue Reading
Recently, the Florida Second District Court of Appeal (“Second DCA”) considered whether a claim was time-barred by the statute of limitations as it relates to the Florida Insurance Guaranty Association (“FIGA”).1 The policyholders appealed the trial court ruling that the applicable statute of limitation (F.S.A. 95.11(5)(d) and 631.68) barred their claim for sinkhole damage. It … Continue Reading
One of the many questions faced by the Florida Supreme Court is whether the lawmakers who drafted the statutory scheme which created Citizens Property Insurance Corporation intended to grant the insurance carrier immunity from liability for bad faith causes of actions. Not surprisingly, the issue came up during oral argument last week when Perdido Sun … Continue Reading
This is part two of my earlier post, Florida Appellate Court Defines The Meaning Of The Term "Disinterested" As It Relates To Appraisal Provision, concerning the recent opinion in FIGA v. Branco.1 The 5th DCA opinion discussed the scope of appraisal. This is often a common issue that policyholders and insurance carriers have when a … Continue Reading
Earlier this year, the Florida Supreme Court agreed to review a First District Court of Appeal order which held that "Citizens’ immunity does not extend to the ‘willful tort’ of failing to attempt in good faith to settle claims as provided by section 624.155, Florida Statutes."1 On Tuesday, October 7th, both Citizens and the insured, … Continue Reading
Almost two months ago I wrote a blog about the Florida Office of Insurance Regulation’s announcement it was issuing orders for insurance companies to end a 1.3 percent “emergency assessment” for the state-run Florida Hurricane Catastrophe Fund, which provides backup coverage to insurers.1… Continue Reading
Homeowners are not happy with People’s Trust Insurance Company, but its advertising hasn’t stopped in the Tampa area. While many new policies in Broward, West Palm, and Miami were dropped just after policyholders locked in, others with this insurance company are sounding off about their bad claim experiences.… Continue Reading
Recently the Fourth District Court of Appeal (“4th DCA”) abated a bad faith case brought against Safeco. The underlying issue of coverage was also involved in the lawsuit. We have often discussed how Florida law requires a determination of liability and extent of damages before a bad faith action can proceed. The 4th DCA decided … Continue Reading
Each year the Florida Office of Insurance Regulation (OIR) publishes an Annual Report for the prior year pursuant to Florida Statute Section 624.315. I was researching another issue when I thought this would be a good blog post. This report briefly describes OIR roles and responsibilities, summarizes major activities and accomplishments, and highlights the state … Continue Reading
Following my post on September 8, 2014, I received a comment from Matthew Litsky, Esq., a very experienced attorney from the firm, Phelps Dunbar, LLP. Mr. Litsky posed a great question related to the opinion in Cammarata v. State Farm Florida Insurance Company.1 Here is what he asked: What is the range for a “favorable … Continue Reading
